Robert is selling his home in Hutchinson, Kansas. He is acting as a for-sale-by-owner (FSBO) without a listing broker. He has a signed purchase contract with buyer Lisa, but he has not yet delivered the Kansas property condition disclosure statement. Lisa's buyer's agent, Karen, a licensed Kansas salesperson, asks Robert when he plans to deliver the disclosure. Robert tells Karen that since he has no broker, the disclosure requirement does not apply to him. Under Kansas law, which statement is most accurate?
Correct Answer
C) Robert is incorrect; the disclosure obligation applies to the seller regardless of whether a broker is involved
Under the Kansas Residential Real Property Disclosure Act, K.S.A. 58-30,106, the obligation to complete and deliver the written property condition disclosure statement rests with the seller, not with the seller's broker. The statute applies to transfers of one-to-four-unit residential property regardless of whether the seller is represented by a licensee. Robert, as the seller, is personally obligated to provide the disclosure to Lisa, and his FSBO status does not exempt him from this requirement.
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Related Topics & Key Terms
Key Terms:
Related Concepts
HOA disclosure requires informing buyers about the existence, rules, fees, financial health, and restrictions of a homeowners association governing the property. This information helps buyers understand their obligations before purchase.
The Lead-Based Paint Disclosure is a federally mandated disclosure required for all residential properties built before 1978. Sellers and landlords must disclose known lead-based paint hazards and provide the EPA pamphlet "Protect Your Family From Lead in Your Home."
A material defect is a condition that significantly affects the value, desirability, or safety of a property and that would likely influence a reasonable buyer's decision to purchase or the price they would pay.
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